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Virginia reverses stance on religious discrimination case at US Supreme Court

Published On: 1/28/2022

Related Case: Carson v. Makin


The following quote may be attributed to Alliance Defending Freedom Senior Counsel and Vice President of Appellate Advocacy John Bursch regarding the commonwealth of Virginia’s decision to change its position in Carson v. Makin at the U.S. Supreme Court from opposing to supporting Maine families whom the state prohibited from participating in a state tuition program—designed for students who don’t have access to a local public school—because the private school alternatives they wish to attend are religious:

“Religious freedom means the right to not only be a person of faith, but to also live out one’s faith in all aspects of life, including education. When a state offers parents school choice, it cannot take away choices that are deemed ‘too religious.’ We commend Virginia Attorney General Jason Miyares for standing up for the rights of parents to choose schools for their children that align with their beliefs. It is critical the Supreme Court rules in favor of religious freedom in Carson so that states like Maine and Vermont, where ADF attorneys are litigating a similar lawsuit, respect the constitutional right of families to live out their faith in all spheres of life without government discrimination.”

The Supreme Court heard oral arguments in Carson v. Makin in December. With Virginia’s support, there are now 22 states supporting the families challenging Maine’s policy.

Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.

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